Routine Traffic Stop Leads to Seizure of 220 Pounds of Marijuana in Georgia

Clayton County officials arrested a California man after pulling him over for making an improper lane change and violating the Georgia Hands Free Law. These traffic infractions led to an investigation and search of his vehicle. This then led to the discovery of 220 pounds of marijuana hidden in his truck.

As a Georgia DUI Lawyer, I am all too familiar with routine traffic stops turning into in depth searches and investigations. In today's post, I will outline the law behind the basic traffic infraction allegedly committed by the driver in the story above which led to his arrest for drug trafficking.

Hands Free Law in Georgia

The Hands Free Law in Georgia was passed last summer in July. It changed the laws on distracted driving in Georgia. The changes include:

• Drivers cannot have a phone in their hand or touching any part of their body while talking on their phone while driving.
• Even with hands-free technology, drivers cannot write, read or send text messages, e-mails, social media content and other internet data while on the road. (Voice to text is allowed)
• Drivers cannot watch videos when they are on the road.  (Navigational/GPS videos are allowed)
• Drivers cannot use their phones or electronic devices to record video when they are on the road. (Continuously running dash cams are allowed)
• Drivers may listen to streaming music that does not include videos on the screen of their phone or device while driving but cannot touch their phones while on the road to activate or program any music streaming app.  Streaming music that is controlled by and listened through the vehicle's radio is allowed.   Drivers who need to touch their phones to activate/program their music streaming apps must do so before getting on the road
• The fine for a first conviction is $50.00 and 1 point assessed against the driver's license.  The fine is $100.00 and 2 points for a second conviction and $150.00 and 3 points for three or more conviction.  The fines for a 2nd or 3rd offense only apply when date of a 2nd or 3rd conviction takes place within 24 months of the date of the first conviction.  First time offenders can have the charge dropped by showing the court they have obtained a device that allows them to talk on a phone with hands-free technology or devices.  

Practice Note

If you or a loved one has been arrested as the result of a basic routine traffic stop, contact our offices today. A Georgia DUI Attorney can help you now.